AFS-12-173-E July 9, 2012 Exemption No. 10583 Regulatory Docket No. FAA-2012-0053

Mr. Robert T. Wedlake, Jr. Director of Ops Technical

Omni Air International

3303 North Sheridan Road

Tulsa, OK 74115

Dear Mr. Wedlake:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated December 29, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Omni Air International (Omni Air) for an exemption from § 121.652(a) and (c) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would permit a pilot in command (PIC) conducting operations under part 121 to perform an instrument approach procedure to the weather minima prescribed by this exemption during the first 100 hours of service as PIC, in the type of airplane he or she is operating, using an alternative means approved by the Administrator to satisfy the requirements of § 121.652(a) and (c).

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Omni Air.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 5549, as amended (copy enclosed), the FAA found that to ensure equivalent or greater level of safety than that intended by § 121.652, only certain head-up displays (HUD) and autoland systems, used with2

appropriate instrument flight and crew procedures and at appropriate airports and runways, should qualify for the credit.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 5549;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 5549 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Omni Air International an exemption from 14 CFR § 121.652(a) and (c) to the extent necessary to permit a PIC conducting operations under part 121 to perform an instrument approach procedure to the weather minima prescribed by this exemption during the first 100 hours of service as PIC, in the type of airplane he or she is operating, using an alternative means approved by the Administrator to satisfy the requirements of § 121.652(a) and (c), subject to the conditions and limitations

described below.

Conditions and Limitations

1. General. To use either Category I or Category II instrument approach procedure weather minimums under any provisions of this exemption a certificate holder must ensure that its flightcrew training and qualification program meets the following general requirements:

a. Suitable low visibility instrument approach, landing, and missed approach scenarios are included in flight training using the applicable airborne system and appropriate training devices or simulators for those scenarios.

b. Specific approval by the certificate holder's principal operations inspector to use this exemption is obtained for each aircraft type.

2. Category I, specific. A PIC with fewer than 100 hours as PIC in the airplane being operated may be authorized to use the lowest applicable Category I instrument approach minimums for a particular runway and instrument approach procedure if each of the following conditions is met:

a. The PIC and other required flightcrew members are trained and qualified for Category II or Category III, or are trained to an equivalent level with respect to the airborne system use, ground facility use, associated procedures, and any other relevant topics.3

b. The aircraft and associated airborne systems are eligible for Category I or II for that operator when the certificate holder's approved training program incorporates the use of an approach coupler or a HUD system th at provides flight guidance information to decision height.

c. The approach coupler or HUD system is used for the approach to decision height or until initiation of a missed approach.

d. The flightcrew must use appropriate in strument approach procedures for Category II or III, or equivalent instrument approach procedures acceptable to the Administrator.

e. Category I instrument approach procedures or landings will not be initiated when the weather conditions are below 4,000 runway visual range (3/4 mile visibility) and the cross-wind component exceeds 15 knots combined with a braking action report of less than "good."

3. Category II, specific. A PIC with fewer than 100 hours as PIC in the airplane being operated may conduct Category II operations in accordance with Operations Specifications paragraph C059 if each of the following conditions is met:

a. The PIC has at least 300 hours as a PIC or second in command in a turbojet airplane.

b. The PIC and other required flightcrew me mbers are trained and qualified in Category II or III instrument approach procedures, and use those procedures appropriately.

c. The aircraft and associated airborne systems are approved for Category III for the certificate holder, or for Category II for the certificate holder using an approach coupler and an autoland system or HUD whic h provides flight guidance information to decision height.4

d. The approach coupler and autoland system or HUD is used for the instrument approach procedure and landing or until initiation of a missed approach.

This exemption terminates on July 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/S/

John M Allen Director, Flight Standards Service

Enclosures